The traps! - I hope more documented opinions will come.
Hi,
Good question, and I hope more documented opinions will come, so I will be through your lines:
What are the chances of eb3 I-140 rejection at NSC?
2%, 10% 20% ???
Do we have any statistics like that?
Answer: Maybe someone else to know the % and post it, but chances is about how good is your file and your degree...etc.
I suppose it is taking year and a half now for 140 and >2 years for 485.
Answer: That seems to be the latest indeed; some quicker approach is still possible if one files concurrently I-140/I-1485
If one goes on using AC21/EAD, what happens if his 140 gets rejected?
Answer: For now yet and until further regulation will put light in this mess, AC21 CAN NOT use it’s 180 days rule unless I-140 is approved (this is the stupid interpretation by the latest), all in one this means 180 days rule becomes in fact 1.5 years or more! If 140 gets rejected you loose everything except maybe if you are laky you can re-use the Labor Certification (in some particular conditions).
I understand that he has to go back to home country and come back on new H. Assuming H1 quota is available, can he come back within a month?
Answer: Not necessary, but if you can not transfer the 140/1485 based on AC21, maybe you can transfer H1B (if you are very quick with another sponsor employer - I think you have up to maximum 30-60 days to transfer, or otherwise the out of status time is just 10 days to leave the country!), if you used the second H1B 3-years term (and the last one), than maybe you are in 1 year extension increments while there is an 485 pending for approval, also if you are in between the 3 years terms between the first to second H1B if you can transfer an pending H1B aplication which has not been approved yet (this pending is a dangerous period of up to 240 days!)
Repeat of all Same questions about 485 rejection.
Answer: Various scenarious apply from case to case to fight back, but the probability is getting worse to get the GC.
Intent is to figure out how safe is *using* AC21/EAD.
Also if one chooses to stay on his H1 and use up his h1 years and then gets 3 years H1 extension based on his 140 filing, will 140 rejection invalidate that extension?
Answer: Normal “fatherhood” consequances are if I-140 is rejected, also if an application was valid and good to be aproved as is at the time of filling that means will go through even something change on the way, as the application was "approvable when filed," …., again some posibilities still exists, but if “one chooses to stay on his H1 and use up his h1 years” is nothing left unless you are already in the 1 year increment H1B extension (after the maximum of 2 terms of H1B) conditioned by a pending I-485, but if a pending I-485 does not exixts than this is it, just forget about U.S!
I hope this will not be the case, and good lack to all of us!
